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Guidance: Check if you need a licence to impound water

Environment Agency

October 3
12:59 2024

An impoundment is a structure within inland waters that can permanently or temporarily change the water level or flow. This includes:

  • dams
  • weirs
  • fish passes
  • hydropower turbines
  • sluices
  • penstocks
  • culverts
  • lock gates
  • retaining walls
  • flumes
  • reservoir embankments
  • temporary diversions during construction work

You must have an impounding licence before you start work on building a new impoundment structure, even in an emergency.

If an existing structure does not currently have an impounding licence, you must get one before you start work to alter or remove the structure.

There are some situations where you may not need an impounding licence.

Exemptions

You do not need an impounding licence if your activity is exempt.

The exemptions are:

  • works constructed without a licence before 1 April 2006, except where a notice is served by the Environment Agency requiring application for a licence
  • where a public authority that manages or owns waterways or harbours constructs any new impoundment, alters an existing impoundment or obstructs or impedes the flow of inland waters while exercising its powers or undertaking its duties
  • where the impoundment is authorised by a drought order or drought permit
  • where structures and works are authorised by legislation (for example an act of Parliament)
  • works constructed or altered by a water company that is authorised by a development control order
  • where the Environment Agency serves notice requiring impoundment only for the purpose of screening or passage for eels

Low risk impounding activities

Some impounding activities have a low impact on the environment and other water users.

Check if you can comply with the conditions in the Environment Agencys regulatory position statement Low risk impounding activities: RPS 302. You will not normally need to apply for an impounding licence if you can.

Apply for a licence to impound water

Find out how toapply for a licence to impound water.

If you impound water without a licence when you need one the Environment Agency may take enforcement action.

Other permissions you may need

You may also need to apply to the Environment Agency for an environmental permit for a flood risk activity when you build in, over or next to main rivers. For rivers and watercourses that are not main rivers you must apply to your lead local flood authority for consent.

If you want to abstract (take) water, check if you need an licence to abstract water.

Get advice

If you are not sure if your proposal needs an impounding licence, you can get advice using the Environment Agencys enhanced pre-application service.

Updates to this page

Published 31 March 2022
Last updated 3 October 2024 +show all updates
  1. Updated the 'Low risk impounding activities' section to link to the regulatory position statement (RPS) 'Low risk impounding activities: RPS 302', as this now defines these activities and how to comply with the RPS.

  2. Explained if you want to alter an existing impoundment structure that does not currently have an impounding licence, you must get one before you start work to alter or remove the structure. Added a link to the flood risk activity permitting page. Clarified the information about exemptions. Clarified that you can request enhanced pre-application advice if you are unsure whether you need an impoundment licence.

  3. First published.

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